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HomeMy WebLinkAbout1981 08-24 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CEI4TER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 24, 1981 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Y.napp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered-by Pastor Aukema of the Northbrook Alliance Church. APPROVAL OF MINUTES - AUGUST 10; 1981 There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of August 10, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Ihotka, and Scott. Voting against: none, the motion passed unanimously. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council, there being none, he proceeded with the regular agenda items. SUBDIVISION BOND RELEASE - JOHN DEVRIES FOR THE EARLE BROWN FIRST ADDITION There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to authorize the release of the $8,500 balance remaining in the guarantee for improvements -to the Earle Brown First Addition from Mr. John M. DeVries, d /b /a A. J. Land Corporation, Inc. PERFORMANCE BOND RELEASES /REDUCTION There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to authorize tl:e release of the performance guarantees for the Earle Brown Farm Apart*_nents, 1701 to 1707 69th Avenue North, Humboldt Square, 6800 Humboldt Avenue North, Ryan Oldsmobile 6700 Brooklyn Boulevard, Ewing Square Townhouses, 6200 Block of France Avenue North, Group Health Plan, 6845 Lee Avenue North, and to authorize the reduction of the performance guarantee on the Ponds Plat 6, Ponds Drive from $55,000 to $10,000. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTIONS 8- -24 -81 -1- RESOLUTION NO. 81 -166 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A JOINT COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLACK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Discussion ensued among Councilmembers regarding the structure of the Community Development Program. Administrative Assistant Hoffman commented that the intent of the Community Development Program was originally to eliminate the categorical grant program and replace it with a block grant program which was intended to provide greater equity among communities with regard to the distribution of- community development monies. Over the years, he pointed out, the block grant program has moved away from its original intent and has in effect become a categorical grant program again. He added, there are indications from the new administration in Washington that the program may be returned to its original intent. Mayor Nyquist suggested that a letter be drafted which could be sent to the proper authorities in Washington which would encourage the return to the original block grant concept. RESOLUTION NO. 81 -167 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE PROCEDURAL GUIDES OF THE URBAN HENNEPIN COUNTY REHABILITATION GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof:' Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -168 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (IMPROVEMENT PROJECT NOS. 1981 -22 AND 1981 -23: CONTRACT 1981 -I) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -169 Member Bill Fignar introduced the following resolution and moved its adoption; 8 -24 -81 -2- RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (STREET IMPROVEMENT PROJECT N0. 1981 -17'- C.S.A.H. 10, CONTRACT 1981 -J) The motion for the adoption of the foregoing resolution was duly seconded member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar., Gene Lhotka, and Celia Scott, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -170 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM, REFORESTATION PROJECT NO. 1981 --24 (CONTRACT 1981 -K) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1980 -0 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tory Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Kuefler requested the staff to prepare a review of the actions taken by local legislators on their effort to obtain reimbursement from the State for the cost of the traffic control signal at T.H. 252 and 73rd Avenue North. The City Manager stated Representative Ellingson made a creditable effort to introduce legislation which would have provided some reimbursement for the traffic control signal but that it had apparently died in committee. Chief Lindsay arrived at 7:35 p.m. RESOLUTION NO. 81 -172 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS ON SEPTEMBER 28, 1981 The motion for'the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 8 -24 -8I -3- RESOLUTION NO. 81 -173 , Member Tony Kuefler introduced the following resolution and moved its adoptions RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES TO CONDUCT AN INFILTRATIONfINFLOW ANALYSIS OF THE SANITARY SEWER SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in z favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene.Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution,,, was declared duly passed and adopted. ORDINANCES AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING GASOLINE SERVICX STATION SIGNERY' The City Manager explained the ordinance proposed for gasoline service station signery is incomplete with regard to the size of the pump island signs since the staff did not receive input from the gasoline service station owners in the City as the Council had requested. There was a motion by Councilmember Kuefler and seconded by Councilmember`Fgnar.' to table consideration of an ordinance amending Chapter 34 of the City Ordinanmsf regarding gasoline service station signery because the staff had not received the requested input from the service station owners with regard to the size of pump island signs. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING ADMINISTRATIVE PERMITS FOR GASOLINE SERVICE STATIONS There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve for first reading an ordinance amending Chapter 35 of the City Ordinances regarding administrative permits for gasoline service station signs. g g p Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and f Scott. Voting against: none, the motion passed unanimously. DISCUSSION ITEMS The City Manager explained that currently the Senate is considering legislation which would de- regulate the Cable Television Industry and if Senate Bill 898 is passed it would prohibit cities from regulating or establishing rates for cable TV services. He explained the power to regulate local franchises through rate regulation has traditionally been assigned to local government and that any preemption of this local authority would diminish the City's ability to assure that adequate cable service is provided to subscribers and that the cable companie meet their franchising promises. He stated the staff is requesting that the Council approve the enclosed resolution opposing the federal legislation prohibit.- cities from regulating or esitablishing rates for cable television services and to forward this resolution to the appropriate legislators. f, RESOLUTION 140. 81 -174 Member Celia Scott introduced the following resolution and moved its adoption: RESOLU'T'ION OPPOSING FEDERAL LEGISLATION PROHIBITING MUNICIPALITIES AND STATES FROM REGULATING OR ESTABLISHING RATES FOR CABLE TELEVISION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by f member Gene Lhotka, and upon vote being taken thereon, the following voted in t favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ARBITRATION AWARD ON POLICE SCHEDULING The City Manager stated that the staff be the arbitrator has overstepped Y scheduling. his authority with regard to the arbitra tion award dealing with police schedul g He stated the staff believes the arbitrator has changed the actual contract by establishing shifts in his arbitration award, pointing out that the arbitrator's authority is limited to interpreting the labor contract and not changing any provisions in it. Because of this, he pointed out the staff believes along with City labor attorneys and the consulting firm, Labor Relations Associates, that the arbitrator exceeded his authority and that the City will have a good chance of over - turning the award by appealing it to District Court. Councilmember Kuefler stated it appears that the court action is a step the City will have to take and inquired how the arbitrator's authority is established. The City Manager explained the grievance arbitration is a procedure outlined in the union contract. He explained the actual selection of an arbitrator is accomplished by both parties in the arbitration, striking names from a list provided by the State Bureau of Mediation Services until only one name remains. Thew was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to authorize the appeal of the arbitration award dealing with police scheduling to District Court. Voting in favor: Mayor Nyquist, Councilmembers, Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. DONATION OF A POLICE DOG FROM THE BROOKLYN CENTER LIONS CLUB The City Manager reviewed the memorandum submitted by the Chief of Police regarding the donation of a police dog from the Brooklyn Center Lions Club. He stated, given the offer of the Lions Club for the dog and the reduced rate for a 13 week training course for the dog and handler, the staff is recommending the Council accept the police dog. He stated the service life of a dog is approximately four to five years. Councilmember Lhotka stated he supports the concept of a police dog, but expressed concern that the dog could be considered a luxury when the City is requesting other departments cut back in programs for 1982. Fie stated he would support the staff's recommendation but would request that a full evaluation of the police dog program be conducted after one year. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to accept the donation of a police dog for the Brooklyn Center Police Department from the Brooklyn Center Lions Club with the stipulation that the program be evaluated at the end of one year with regard to cost effectiveness and the overall productivity of the program. ..Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. 8 -24 -81 -5- f PUBLIC HEARING ON SPECIAL ASSESSMENT ROLL FOR THE 53RD AVENUE NORTH STREET AND WATER MAIN IMPROVEMENTS The Director of Public Works stated that, following a public hearing the Council ordered the 53rd Avenue North Street and Water Main Improvement Project on March 12, 1979. He pointed out that after the project had been ordered discussions ensued with affected property owners regarding the street widths along 53rd. The results of the discussions and requests from residents affected by the project were that variable street widths were used ranging from 16' to 22'. He stated there was also a discussion with residents affected by the project as to the type of driveways which would be provided, either bituminous or concrete, and that the residents supported the installation of concrete driveways., The Director of Public Works stated the 53rd Avenue North Improvement Project was placed under contract on March 10, 1980 and was substantially completed by the fall of 1980. He proceeded to review the project costs for the 53rd Avenue North Improvement Project and also pointed out that notices of public hearing had been sent to all affected property owners and that the notice of public . hearing was also published in the Brooklyn Center Post, the City's official newspaper. The Director of Public Works proceeded to review the assessment procedures for the 53rd Avenue North Improvement Project including the pertinent state law governing assessments. He stated that no written correspondence had been' received by the City staff on the 53rd Avenue North Project prior to this evening's public hearing. <: Mayor Nyquist opened the meeting for the purpose of a public hearing on the special assessment roll for the 53rd Avenue North Street and water main improveme Mayor Nyquist recognized Mr. Victor Anderson, 600 53rd Avenue North who stated that his existing concrete driveway runs only part way out to the street line and, therefore, did not have to be removed or broken up because of the street improvement project. He stated he feels he is being penalized for not building his concrete driveway all the way out to the street since he would have received a financial credit for this portion of his drive had he built it. The Director of Public Works stated that it is City policy that persons should only pay for work done once, but since Mr. Anderson never had the driveway extended the work was never done and he cannot be given credit for a drive which did not exist. He stated that since Mr. Anderson never had the work done he is being charged for the work done under the improvement project. Mr. Anderson inquired whether the cost for the construction of the driveways on the 53rd Avenue North Project was originally estimated at $75 per driveway. The Director of Public Works stated that changes in the street width resulted in altering the size of the driveways considerably and that originally a $75 estimate was given to affected property owners and he stated he could see how this could have led to confusion on the part of property owners. He stated the end result was that the affected property owners requested narrower streets in many cases and that.this meant a longer driveway. Councilmember Lhotka'inquired whether the staff reviewed the driveway width options with residents. The City Manager explained that residents in the area 8 -24 -8 -6 had an opportunity to indicate to the staff their preference of driveway width and that if no response was given to the staff by the residents, the crews matched the existing driveway width to the extended portion of the drive way. Councilmember Lhotka inquired of Mr. Anderson whether he responded to the staff's inquiry with regard to driveway width. Mr. Anderson stated that he simply took it for granted that the cost of the driveway would be $75. The City Manager stated that if the Council chooses to go with the original estimate for driveways this would not be a change from past policy. The Director of Public Works stated the Council could instruct the staff to amend the assess- ment roll so that the City could pick up the last 4' of all driveways where the street width is 16'. He stated this would not reduce the cost to $75 but believed it would be equitable to the affected property owners in consideration of the original $75 estimate. Mayor Nyquist inquired whether there was anyone else who wished to speak at the public.hearing, there being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on the special assessment roll for the 53rd Avenue North Street and Water Main Project. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTION NO. 81 -175 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING COST TO BE ASSESSED FOR IMPROVEMENT PROJECT NO. 1979 -1 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Council agreed that it would be appropriate to adjust the driveway cost in areas where the street width is 16' from the center line to the curb to ' allow the City to pay for the last 4' of the driveway. RESOLUTION NO. 81 -176 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING COST TO BE ASSESSED FOR IMPROVEMENT PROJECT NO. 1978 -38, 1978 --39 The motion for.the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 8 -24 -81 -7 -. RESOLUTION NO. 81 -177 member Bill Fignar introduced the following resolution and moved its adoption: mb RESOLUTION ADOPTING ASSESSMENT.OF 53RD AVENUE STREET IMPROVEMENT PROJECT 1978 -3. 39 AND WATER MAIN IMPROVEMENT PROJECT 1979 -1 The motion for the adoption of the.foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION APPLICATION NO. 81054 SUBMITTED BY SHOWBIZ PIZZA PLACE, _I . _NC Mayor Nyquist stated he had a possible conflict with Application No. 81054 and turned the chair of the meeting over to Mayor Pro tem Scott. Mayor Nyquist and Councilmember Lhotka left the table at 8 :54 p.m. The Director of Planning & Inspection reviewed the appeal made by ShowBiz Pizza, Inc., regarding parking requirements for their proposed facility and explained that this item was tabled at the August 10, 1981 City Council meeting to allow the staff time to prepare additional information on the appeal. Councilmember Lhotka returned to the table at 8:55 p.m. The Director of & Inspection stated that at the August 10, 1981 City Council meeting the Council directed the staff to research the rationale for parking requirements in the City's Zoning Ordinance with regard to restaurants and also to meet with the applicant to work out a resolution of the parking situation. He referred Council members to a memorandum prepared by Planning Assistant Shallcross regarding restaurant parking formulas. He stated the memo compares the parking requirements of several different cities as they relate to restaurants and stated that as a result of the survey the staff believes the parking requirements in the City's Zoning Ordinance are not unreasonable. The Director of Planning & Inspection stated the staff met with the applicant and that as a result of their discussions the staff is recommending that for the 230 seat restaurant with 16 employees the minimum parking requirement would be 140 spaces. He stated this results from the restaurant area being evaluated on the basis of a restaurant facility and the game room portion of the building being evaluated as retail space which would mean, for the game room portion of the facility eight stalls per thousand square feet of space would be necessary. He stated that, along with ' the 140 minimum spaces recommended, the staff is also recommending that a restrictive covenant be placed on the land and filed with the title which would specify the maximum number of restaurant seats based on the amount of parking provided, if the use of the building were changed or if - the restaurant were expanded. He added that the staff still believes there is e stall per 65 square foot gross floor area formula for examining a on P merit in g m restaurants. The City Attorney stated that the staff is still recommending 159 spaces as appropriate for the ShowBiz facility but that at the direction of the City Council with respect to the appeal and the request for a compromise the 140 stall recommendation is the compromise. The Director of Planning & Inspection pointed out a representative of the applicant is present this evening to answer any questions the Council may have. Mayor Nyquist recognized Mr. Dick Nowlin, an attorney with the Larkin, Hoffman, Daly and Lindgren law firm representing the applicant ShowBiz Pizza, Inc. Mr. Nowlin stated that after the meeting with the City staff this morning the applicant is prepared to abide by the 140 stall recommendation made by the staff along with the recommended restrictive covenant-on the property. He added that the applicant would hope that accessory parking requirements would also be amended to allow consideration of accessory parking initially and also a reduction in the minimum number of spaces required which is now 20. He added that the applicant will be looking to Northwestern Bell for accessory parking as a backup. Councilmember Kuefler stated that in reviewing the memorandum submitted by the Planning & Inspection Department he stated there may be some thought to changing the ratio from one stall for every 2 seats to one stall for every 2.5 seats in a restaurant facility. The Director of Planning & Inspection stated that, given the way restaurants have evolved in Brooklyn Center the City does not have a problem with parking and that he believes consideration should be given to the existing restaurants with-regard to any recommended change. Councilmember Scott commented that she is comfortable with the City's parking requirements as they are and she believes they accommodate the restaurant goers in Brooklyn Center very well. Councilmember Lhotka stated he is very happy with the ordinance requirements on parking and believes the City should not change an ordinance to accommodate each and every unique situation, but that ordinances must change # over time and not just to accommodate particular developments. k Councilmember Kuefler stated he is pleased with the information presented from the Planning Department with regard to parking. requirements and he supports the compromise of 140 stalls for the ShowBiz Pizza facility. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the staff recommendations requiring 140 parking stalls for the proposed ShowBiz Pizza restaurant and to place a restrictive covenant on the parcel to be filed with the title which would interpret the number of stalls that would be required if the use of the ShowBiz Pizza building or site were changed or if the restaurant was expanded beyond 230 seats on the condition that the applicant withdraw the appeal. Voting in favor: Mayor Pro tem Scott, Councilmembers Kuefler, and rignar. Voting against: Councilmember Lhotka. The motion passed. RECESS The Brooklyn Center City Council recessed at 9:35 p.m. and reconvened at 9:50 p.m. PLANNING COMMISSION APPLICATION NO. 81055 SUBMITTED BY ROBERTS CONSTRUCTION, INC. FOR PLAN REVIEW APPROVAL TO CONSTRUCT T1?0 OVERHEAD DOORS ON THE EAST WALL OF THE SPEC. III IND USTRIAL BUILDING TO ALLOW DRIVE- THROUGH BY CHEMLAWN TRUCKS The Director of Planning & Inspection presented and reviewed for Councilmembers pages 1 through 3 of the August 13, 1931 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81055. He Construction, Inc. for the two I � submitted b , proceeded to review the plans su y Roberts Const overhead doors. He stated the Planning Commission recommended approval of the applications subject to three conditions which he reviewed for Council members. 8 -24 -81 -9- There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve Application No. 81055, subject to the following conditions: 1. Building Plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The plans shall be modified to indicate B -6 curb to delineate the entrance area serving the overhead doors and the parking area on the east side of the building, 3. There shall be no overhead doors or loading berths along the building walls of this building facing Shingle Creek Parkway or Freeway Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 81056 SUBMITTED BY- JO ANN JORGENSON FOR SUBDIVISION APPROVAL TO DIVIDE THE PARCEL AT 6610 COLFAX AVENUE NORTH INTO TWO LOTS, ONE 71.88 FEET WIDE AND THE OTHER 60.1 FEET WIDE AND PLANNING COMMISSION APPLICATION NO. 81057 SUBMITTED BY JO ANN JORGENSON FOR VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE AND 15 -106 OF THE SUBDIVISION ORDINANCE TO CREATE TWO LOTS SUBSTANDARD IN WIDTH AND ONE LOT BEING SUBSTANDARD IN AREA. The Director of Planning & Inspection stated the applicant has requested Applicatic No. 81056 and 81057 be tabled in order to discuss the acquisition of property adjacent to the- applicant's property with the adjoining property owner. There waa a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to table consideration of Application No. 81056 and Application No. 81057 at the request of the applicant. Voting in favor: Mayor Nyqust, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. Councilmember Fignar abstained from the vote due to a possible conflict of interest in this application. PLANNING COMMMISSION APPLICATION NO, 81050 SUBMITTED BY SWENSON'S ETHAN ALLEN GALLERIES FOR A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW A CANOPY SIGN IN ADDITION TO A FREE STANDING IDENTIFICATION SIGN. The Director of Planning & Inspection presented and reviewed pages 5 through 6 of the August 13, 1981 Planning Commission minutes and the Planning Commission information sheet prepared for Application No. 81050. He noted the application was tabled by the Planning Commission at its July 30, 1981 meeting with direction to the staff for the preparation of an ordinance amendment. He added the application for variance was recommended for denial by the Planning Commission at its August 13, 1981 meeting and a subsequent ordinance amendment was recommender for approval. The Director of Planning & Inspection reviewed the letter submitted by the applicant in which he requests a variance for the canopy sign. fie pointed out the Planning Commission at its July 30, 1981 meeting did not believe the standards for a variance were met for this application and the application was tabled with direction to staff to prepare an ordinance amendment. He stated the Planning Commission reviewed the application again at its August 13, 1981 meeting and recommended denial of the application because the Commission did not feel the r a C standards for a variance were met. In addition to the recommendation for denial he stated the Planning Commission recommended approval of the ordinance amending Chapter 34 of the City Ordinances regarding canopy signs. i The Director of Planning & Inspection reviewed the proposed ordinance amendment i Chapter 34 of the City Ordinances regarding canopy signs and pointed out that # in the second paragraph the first line should be changed to state "an identification sign affixed to a canopy or marquee ". He added that the proposed ordinance if adopted would add the canopy sign definition to the existing sign ordinance. He P roceeded to review the ordinance language for Council members. t Mayor Nyquist inquired of the City Attorney whether he had any problem with item 4b in the ordinance amendment, particularly with regard to the latitude left to the Building Official for determining whether the canopy structure is an integral part of the building. The City Attorney stated it would be difficult to define "integral part of the building" and that he believes the State Building Code allows the Building Official to make determinations such as this. The Director of Planning & Inspection stated the proper notices had been sent to surrounding property owners and the applicant is present this evening to answer any questions the Council may have. Mayor Nyquist opened the meeting.for the purpose of a public hearing on Application No. 81050. Mayor Nyquist recognized the applicant Mr. Duane Swenson who stated p that he is happy to see the ordinance amendment procedure being used to accommodate his request. may Nyquist inquired if there was anyone else present who wished to speak at the public hearing, there being none, he entertained a motion to close the public hearing. r There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar t to close the public hearing on Application No. 81050. f There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to deny Application No. 81050 on the grounds that the standards for sign ordinance F variance are not met. Voting in favor: Mayor Nyquist, Councilmember Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve for first reading an ordinance amending Chapter 34 of the City Ordinances regarding canopy signs. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING CONVENIENCE- FOOD RESTAURANTS The Director of Planning & Inspection reviewed the Planning Commission's discussion t of the proposed ordinance at the August 13, 1981 meeting and stated the Planning Commission recommended approval of the ordinance amendment. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve for first reading an ordinance amending Chapter, 35 of the City Ordinances regarding Convenience -Food Restaurants. Voting in favor: Mayor Nyquist, Council members Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. $ -24 -8I -11= DISCUSSION ITEMS (CONTINUED) REVIEW OF COSTS AND SPECIAL ASSESSMENTS DATA FOR IMPROVEMENTS IN THE NORTH INDUSTRIAL PARK DISTRICT The Director of Public Works referred Council members to a memorandum titled "Review of Costs and Special Assessments for Street Improvements Within the North Industrial District He proceeded to review the project costs in the five projects including Project 1978 -06, twin bridges over Shingle Creek, Project 1978 -45, grading base and servicing on Shingle Creek Parkway from Freeway Boulevard to 69th Avenue (County Road 130), Project 1978 -46, concrete curb and gutter and sidewalk on Shingle Creek Parkway from Freeway Boulevard to 69th Avenue, Project 1979 -06, City share of bridge approaches to Shingle Creek Parkway bridge at FAI 94, and Project 1981 -18, Freeway Boulevard street improvements. He reviewed the estimated and actual costs of each of the projects and pointed out that for Project 1978 -06, 1978 -45, 1978 -46, and 1978 -06 there were considerable cost over -runs from the original estimates. He stated the cost over -runs for these projects exceeded over $700,000 and that they were due in part to design errors and because interest charges were not calculated on several of the projects. He stated these errors occurred at a time when there was over 50% turnover in the Engineering Department. He pointed out that the majority of the property owners in the effected area are aware of the over- runs and that all property owners were notified when any assessment search was done in these project areas. He pointed out a public hearing has been scheduled September 14, 1981 on the special assessment rolls for these projects. Councilmember Lhotka inquired if there are any problems anticipated with these projects regarding the assessment hearing. The Director of Public Works stated the assessment notices will be sent out this week and he emphasized the fact that anyone who requested an assessment search has been updated on the current costs. Also, he pointed out costs were updated in all subdivision agreements with developers in the project areas. Councilmember Kuefler stated he feels a component check list is essential to assure that such things as interest cal - culations are not over- looked. The City Manager stated that this procedure was in effect at the'time the errors were made but the policy had apparently lapsed and was not carried through. The Director of Public Works proceeded to review for Council members a memorandum titled "Shingle Creek Parkway Storm Sewer Improvement Project 1979 -05 ". He stated that the final assessment rates on this project are considerably higher than the assessment rates discussed at the time of the improvement hearing. He stated this is almost totally due to the fact that the initial rate was calculated on the assumption that the project costs would be leveled against the entire North Industrial District in accordance with Resolution No. 70 -90. However, he , ° pointed out because Resolution No. 70 -90 relates only to the distribution of special assessments for street improvements within that District, and because all other special assessments for storm sewer improvements within that District (as well as throughout the City) have been levied only against the drainage area served by that specific project, the staff has prepared the assessment roll on that basis. LEAGUE OF MINNESOTA CITIES BUILDING FEE The City Manager pointed out the League of Minnesota Cities will be constructing a new office building for their offices and member cities will be assessed a share of the building costs based on respective populations. He stated the cities "lump sum" amount for the League Building Program is $13,342. He stated the cities must choose whether to pay this amount over time or whether to pay in a lump sum. He stated the staff requests direction from the Council regarding the payment of this fee and that the staff recommends paying the fee in a lump sum out of the City's contingency appropriation "since, if the City chooses to pay over time an interest rate of 1 1/2% per month will be added. Councilmember Lhotka left the table at 11:05 p.m. The City Manager stated the staff is seeking authorization from the Council to pay the fee in a lump sum. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to authorize the staff to pay the League of Minnesota Cities Building Fee in a single lump sum payment. Voting in favor: Mayor Nyquist, Councilmembers. Kuefler, Fignar, and Scott. Voting against: none, the motion passed. LIQUOR LICENSE FOR MERIWETHERS RESTAURANT The City Manager stated the staff is recommending approval of the on -sale intoxicating liquor license for Meriwethers Restaurant located at 2101 Freeway Boulevard contingent on the Chief of Police approving the restaurant manager. Councilmember Lhotka returned to the table at 11:06 p.m. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the on -sale intoxicating liquor license for Meriwethers Restaurant located at 2101 Freeway Boulevard contingent on the Police Chief's approval of the restaurant manager. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. f GAMBLING LICENSES There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the application for a Class B gambling license submitted by Citizens Band Serving People, Inc. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to waive the $10,000 fidelity bond for the Class B gambling license for Citizens Band Serving People, Inc. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka 'to approve a Class B gambling license for the Earle Brown Parent Teacher Association. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to waive the $10,000 fidelity bond for the Class B gambling license for the Earle Brown Parent Teacher Association. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. i 8 -24 -81 -13- There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve a Class A gambling license for the Duoos Brothers American Legion Post No. 630. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. - ,Voting against: none, the motion passed unanimously. + There was a motion by Councilmember Kuefler and seconded by Councilmember Scott ; + to waive the $10,000 fidelity bond for the Class A gambling license for Duoos 1 Brothers American Legion Post No. 630. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager stated the Brooklyn Center Historical Society has requested that their annual two day antique sale at the civic center be declared a civic event. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to declare the Brooklyn Center Historical Society's annual two day antique sale to be held at the City Civic Center on September 12 and 13, 1981 as a civic event.' Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. APPOINTMENT OF WEED INSPECTOR There was a motion by Councilmember Scott and seconded by Councilmember Lhotka. to appoint Brad Hoffman as the City's Weed Inspector. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Meriwethers 2101 Freeway Blvd. GAMBLING LICENSE Brooklyn Center American Legion Post 4307 70th Ave. N. Citizens Band Serving People (CBSP) 4637 Winnetka Ave- N. Earle Brown School P.T.A. 6024 Camden Ave. N. GARBAGE AND REFUSE HAULERS LICENSE MCS Refuse, Inc. 10050 Naples St. N.E. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lioness 5541 Knox Ave. N. Fabian Seafood Co. P.O. Box 1405 MECHANICAL SYSTEM'S LICENSE H.O. Soderlin 3731 Chicago Ave. NONPERISHABLE VENDING MACHINE LICENSE Marc's Budgetel 6415 James Circle N. �_� - -a� • . -la- PERI5I V?:PD MAC THE LICENSE ' Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Hoffman Eng. 6530 James Ave. N. RENTAL DWELLING LICENSE initial: James & Bobbie Simons 6109,11,13 Beard Ave. Jeffrey K. Vest 5557 Knox Ave. N. Wally Scheer 6930 Newton Ave. N. Gerald Theis 6719 Toledo Ave. N. Renewal: Gene M. Proctor 6006 Ewing Ave. N. Gary Scherber 5800 & 5830 Logan Ave. t Henry Ulhorn -5207 Twin Lk. Blvd. E. jEdward & Barbara Orndorf 6821 W. River Rd. Thomas & Bill Howe 3112 49th Ave. N. Thomas & Bill Howe - 3129 49th Ave. N. Robert C. Johnson 905 61st Ave. N. M. Evanson 711 69th Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmc^ tuber Kuefler to adjourn the Meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The Brooklyn Cenpq City Council adjourned the 11:13 p.m. E? C1 k Mayor 3 8-24 -81 -15-